Some personnel of the Ghana Immigration Service (GIS), residing at Plot 18, Block “H” (P1), Kumasi, allegedly acquired and occupied by the GIS, have resorted to intimidation and vandalism on an adjoining premises (P2) and its occupants.
About 10 of the GIS personnel were caught on CCTV camera (belonging to the adjacent house), pelting stones at the CCTV and attempting to scale over the wall, which partitions the two houses, to unleash violence on the property and occupants.
Background
Both houses (P1 and P2), which are partitioned by a fenced wall with a single-gate, are owned by Madam Juliana Osei, also known as Maame Julie, a Kumasi based Business woman, who has all these years been paying property rate in respect of the property in question, to the Oforikrom District Assembly.
In 2005, Mrs. Julian Osei took a loan facility of GHC50,000 with an interest rate of 24.49% per annum from the Standard Chartered Bank. She executed a mortgage agreement with her house No. 18A Block HX, Bomso Extension.
Mrs. Osei, however, defaulted in the repayment of the loan as a result of which Standard Bank took legal action in May 2008 to claim the outstanding balance of GHC158,000.82 interest on the balance due, cost and an order for the judicial sale of the house used as security.
Following, the Circuit Court ordered the sale of the said house in 2009 by Public Auction, at a forced sale value of GHC220,000 after the court had upheld the claims of the Standard Bank.
In a legal suit filed at an Accra High Court (Land Division 2) against Standard Chartered Bank, (first defendant), Juliana Osei (plaintiff) argued that despite the court order, the house was sold at a Public Auction to the Ghana Immigration Service (second defendant) for GHC180,000 under fraudulent circumstance.
Contesting the fraudulent nature of the sale, the plaintiff claimed the house was sold far below the reserve price, contrary to the order of the court that the house should be sold at GHC220,000 and pretended that it was sold as ordered.
She contended that the house was sold without a Valuation report and that the Auctioneer, Evans Akwaboah (fourth defendant) sold the house at his own price without notice and consent of the plaintiff.
The plaintiff also claimed the defendants colluded to sell her house at a price below what was ordered by the court and without a Valuation report and that the defendants had sold the property without following the normal court procedures.
The plaintiff claimed the sale is illegal and unlawful and sought a declaration that the sale is null and void as the sale was fraught with fraud and collusion. She also sought an order of the court to set aside the sale of the house in question.
The Court suspected that there is a real likelihood of collusion between the first and second defendant in having the GH¢220,000 Reserved Price and indicated that the determination of the GH¢180,000 was not based on any Valuation Report.
It also stated that it was wrong for the trial court to have reduced the Reserve Price lower than what was ordered by the Court.
The Court also questioned the role and capacity of the second defendant, GIS, in the reduction of the Reserved Price when it produced the search report.
Justice Ernest Obimpeh, who presided over the Court on June 17, 2015 upheld all the reliefs by the Plaintiff and set aside the Reserved Price of GHC180,000 and ordered the defendants to revert to the reserved price of GHC220,000.
The court also awarded a cost of GHC6,000 against the defendants.
The Ghana Immigration Service (GIS) has since unlawfully occupied H/No 18A Block HX Bomso Extension in Kumasi after it had fraudulently acquired the said premises from the Standard Chartered Bank.
The GIS will not budge to the orders of a High Court ten years ago to let go the property having set aside the auction of the said property and still occupying the property and allegedly unleashing threats and intimidation to the plaintiff and defendants, who are living in fear of their lives all these years.
GIS, in its defence, claimed the plaintiff was not in control of the property and that the Standard Chartered Bank was in the process of exercising its legitimate right to correct the irregularities in the Auction of the house.
The GIS contended that it cannot accede to the plaintiff’s illegal request to vacate the premises arguing further that the court did not make any order in the nature of the recovery of possession because there is no foundation for such an order.
Addressing the press on Tuesday, Nana Kofi Oduro Kusi-Asumadu Esq., Attorney for Juliana Osei and family, disclosed that since 2015, GIS personnel have been inhabiting the said property and not taking proper care of the building, leading to its deterioration.
As a result, the son of his client, Julian King, also known as Julian Osei Kwame, starting a legal process at Kumasi High Court, which he (Julian) was furnished with four Bailiffs, entrusted with the execution of an Order for Possession and Writ of Fi-Fa on July 24, 2024 with the assistance of Uniform Policemen from the SWAT-UNIT, Central Police Station, Kumasi-Ashanti.
Lawyer Kusi-Asumadu disclosed that the eviction process was aborted when the Bailiffs were prompted by the SWAT team that they have been reassigned and must leave, leaving the bailiffs stranded as they could not execute the order without protection and left with two vehicles found on the properties.
Lawyer Kusi-Asumadu indicated that GIS personnel re-entered and re-possessed the said property, upon the abandonment of the execution of the order, which subsequently empowered the GIS personnel to resort to pelting of stones from P1 into the premises of P2, breaking its roof to render rooms inhabitable, as captured on CCTV.
Kusi-Asumadu Esq. indicated that a complaint was lodged at the KNUST police station and the Police Intelligence and Professional Standards Bureau (PIPS) Kumasi on October 15, 2024 but no action has been taken.
Captured Incidents on CCTV
Kusi-Asumadu Esq. indicated that in the evening of September 24, 2024 during a black-out, GIS personnel tried to corner Julian on the street and beat him up, but with the help of onlookers was able to escape, but was chased into the premises of P2, where a personnel chance on Frank Osei (Maame Julie’s eldest son) and stomped his (Frank’s) chest with his foot, resulting in a rib fracture.
Another complaint was lodged at KNUST police station to that and no action was taken, which emboldened the GIS personnel to do worse.
In the evening of November 24 GIS personnel, invaded P2 premises and resorted to vandalism such as burning of tyre, destroying window nets, smashing of glasses of an immobile Mercedes-Benz 200, as well as pelting of stones resulting in Frank sustaining a head injury.
Kusi-Asumadu Esq. further revealed that on November 25, whiles Frank was receiving treatment at the hospital, GIS personnel again invaded the premises of P2 and struck Julian’s head with a machete, resulting in a Chronic Brain Injury which requires frequent consultation of a Specialist in Accra, and later bundled him to the premises of P1 to further torture him.
On November 26, Julian was sent to KNUST police station, where he spent the night and was released on November 27, around 8am, with his head injury barely attended to.
Lawyer Kusi-Asumadu also revealed that a team comprising of GIS and Police personnel invaded the premises of P2 and alleged that someone was throwing Molotov Cocktail, an improvised incendiary device (IED), against the fence wall which partitions both properties, for which Frank volunteered to go along with the team to the police station, but the team insisted on arresting Julian.
Kusi-Asumadu Esq. indicated that Julian, upon sensing a “witchhunt”, locked himself up in his room (over two hours) to avoid being arrested, which the team again resorted to vandalism, such as destroying of ECG metre and breaching of doors without warrant, as well as missing of items and foodstuffs, which were not related to the case at hand.
Upon arrest, Julian was subsequently arraigned before the Donyina Circuit Court and charged with burning the property the GIS is occupying illegal. Kusi-AsumaduEsq. has indicated to the court that Julian is a victim of Circumstance and prayed the court to grant Julian bail.
But the prosecution objected to the application arguing that Julian is in custody to aid investigation.
Meanwhile, Lawyer Kusi-Asumadu has, on behalf of his client, petitioned the Office of the President, Inspector General of Police, Ashanti Regional Police Command, and PIPS-Headquarters, beseeching them to intervene in the case and ensure that justice is served.
From Oswald P. Freiku, Kumasi
